Friday, September 09, 2011

Eighth Circuit -- Barry Barron v. South Dakota Board of Regents

Since the motion to dismiss was accompanied by new information, no error in court's conversion of the motion to summary judgement.

No requirement to administratively exhaust claim that school closure violates IDEA.

SJ on IDEA claim appropriate, as all kids are in good schools, despite closure of school for deaf.

No standing for parents who don't have kids in the specific program at issue.

No violation of South Dakota law.

Barry Barron v. South Dakota Board of Regents
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.